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# • HAZARDOUS WASTE MANAGEMENT STATUTE (Codified

# ·as Chapter 70.105 RCW· "Hazardous Waste Disposal") 

# AMENDED 1984 SESSION

REPRINTED JANUARY 1985



## STATE OF WASHINGTON

D.EPARTMENT. OF ECOLOGY
OLYMPIA,.WASHINGTON 98504 

# •

I

# • Chapter 70.105 RCW HAZARDOUSWASTE DISPOSAL

Sections 70.105.010 Definitions. 70.105.020' Standardsand regulations--Adoption--Noticeand hearing-Consuttationwith other agencies. 70.105.030 List and information tobe furnished by depositor of hazardous waste--Rulesand regulations. 70.105.040 DisPosal site or facility--Acquisition--Disposal fee schedule. 70.105.050 Disposal atother than approved.site prohibited--, Exception. 70.105.060 Review ofrules. regulations. criteria and fee schedules. 70.105.070 Criteria for receiving waste at disposal site. 70.105.080 Violations-Civilpenalties--Enforcement-­

,Procedure. 70.105.090 Violations--Grossmisdemeanor. 70.105.095 Issuance oforder requiring compliance--Penalty for noncompliance--Hearing--Appeal to pollution control hearings'board. 70.105.097 Action for damages resulting from violation--Attorneys' fees.' 70.105.100 Powers and duties ofdepartment. 70.105.110 Application ofchapterto radioactive waste-,-Regulation ofdangerous wastes associated with energy facilities. 70.105.120 Authorityofattorney general. 

# .' 70.105:130 Department'spowers as designated agency under federal act. 70.105.140 Rules implemented under RCW 70.105.130--Review. 70.105.145 Department'sauthority to participate in and administer federal act. 70.105'.150 Declaration--Managementofhazardous waste-­**Priorities-Definitions~** 70.105.160 Waste management study--Publichearings-­

,Adoption,or modification ofrules--Recommendations to'legislature. 70.105.165 Disposal ofdangerous wastes at commercial off-site land disposal facilities-,-Limitations. . ' 70.105.170 Waste management--Consultative services-'­ Technical assistance--Confidentiality. 70.105.180 Disposition offines and penalties.
Hazardous materials incidents. handling and liability: RCW 70.136­

.0I0through 70.136.070. Hazardous waste regulation: Chapter 70.105A RCW. Transport ofhazardous materials. state patrol authority over: Chapter

46.48 RCW.



### RCW 70.10S.010 Definitions. The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearly requires otherwise.

"

\

### (]) "Department" means thedepartment ofecology.

(2) ,"Director" means the director of the department ofecology or his designee., (3) "Disposal site" means a geographical site in or upon which extremely hazardous wastes' are disposed of in accordance with the provisions ofthis chapter. (4) "Dispose or disposal" means the discarding or abandoning ofextremely hazardous wastes or the treat­ .nent,decontamination, or re'cycling ofsuch wastes once '., / they have been discarded or abandoned. (5) "Dangerous wastes" means anydiscarded, useless,. unwanted, or abandoned'nonradioactive substances, including but not limited'ro'-certaln'pestiCides, or any residues or containersofsuch substances which aredisposed of in such quantity or concentration as to pose a sub- r 

### stantial present or potential hazard to hur:nan health, wildlife, or the environment because such wastes or constituents orcombinations ofsuch wastes: (a) Have short-lived, toxic properties,that may cause death, injury, or illness or have mutagenic, teratog.enic,

orcarcinogenicproperties; or (b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. (6) "Extremely hazardous waste" means any dangerous waste which (a) 

### will persist in a hazardous form for several years

or more at a disposal site and which in its persistent form (i) presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of man or wildlife, and (ii) is highly toxic to man or wildlife (b) ifdisposed of ata disposal'site in such quantities

as would present an extreme hazard to' man or the environment. 

### (7) Person" means any person, firm, association,. county, public or municipal or private corporation, agency, orother'entity whatsoever. (8) "Pesticide" shall have the meaning ofthe term as defined in RCW 15.58.030,

### as now or hereafter amended. (9) "Solid waste advisory committee" means the same advisory committee as per RCW 70.95.040 

### through 70­ .95.070. [1975-'76 

### 2nd ex.s. c ]0

### I 

### §,I.]

Appropriation--1975-'76 2nd ex.s. c 101 § 12: "There is' appropriated to the department ofecology from 'the stateand local improvements revolving accountofthe general fund out ofthe proceeds ofthe sale'ofbonds or notes as authorized in chapter 43.83A RCW (Referendum 26) the sum ofone million three hundred fifty-three thousand dollars. or as much thereofas may be necessary. for the following purposes:

(I)The sum ofone hundred fifty-three thousand dollars for the department to develop a comprehensive plan for the adequate treatment of extremely hazardous wastes being generated,in the state. and the techniques and requirements necessary for adequately disposing of such wastes and for securing and monitoring disposal sites. The objective ofsuch a comprehensive plan shall be to determine the statewide facility requirements for the adequate disposal ofextremely hazardous wastes being generated in the state and for those expected to be generated in the future.

(2) The sum of one million two hundred thousand dollars for the purchase of real property on the Hanford Reservation by the department for the construction of a disposal site for extremely hazardous wastes and for theconstruction offacilities necessary for the operation ofthe disposal site including. but not limited to. security and monitoring facilities.' [1975-'76 2nd ex.s. c 101§ 12.]

.(1984 laws) '.[eb.**70~IOS** RCW-:-:-p I)

.;, 

### '.

.",

. -. -'! '. .:'

..;.70.105.020 HazardousWaste Disposal

RCW 70.105.020 Standards and regulations-­ Adoption---Notice and hearing--Consultation with other agencies. The department after notice and public hearing shall: (1) Adopt regulations'designating as extremely hazardous wastes subject to the provisions of this chapter those substances which exhibit characteristics consistent with the definition provided in RCW 70.105.010(6);

, (2) Adopt and may revise when appropriate, minimum standardsand regulations for disposal ofextremely hazardous wastes to protect against hazards to the public, and to the environment. Before'adoption of such standards and regulations, the department shall consult with appropriate agencies of interested local governments and secure technica,l assistance from the department ofagriculture, the department ofsocial and health services, the department .of game, the department of natural resources, the department of fisheries, the department oflabor and industries, and the state'fire mar- '**sh~l.** [1975-'76 2nd ex.s. c 101 2.]

RCW 70.105.030 List and information to be'furnished by, depositor of hazardous waste---Rules and regulations. (l) After the effective date of the regulations adopted by the department designating extremely hazardous wastes, any person planning to dispose of extremely hazardous waste as designated by the department shall provide the operator ofthe disposal site with

a list setting forth the extremely hazardous wastes for disposal, theamount ofsuch wastes, the general chemical and mineral composition of such waste listed by approximate maximum and minimum percentages, and the origin of any such waste. Such list, when appropriate, shall includeinformation on antidotes, first aid, orsafety

measures to be taken in case'of accidental contact with the particularextremely hazardous waste beingdisposed. (2) The department shall adopt and enforce all rules and regulations including the form and content of the list, necessary and appropriate to accomplish the 'purposes of subsection (l) of this section. [1975-'76 2nd

ex.s. c 101 § 3.]

RCW 70.105.040 Disposal site or facility--Acquisition--Disposal fee schedule. (1) The department through the department of general administration, is authorized to acquire'interests in real property'from the federal government on the Hanford Reservation by gift, purchase, lease, or other means, to be used for the pur­

.pose of**~eveloping,operating,** and maintaining an extremely hazardous waste disposal site or facility by the department, either directly or by agreement with public

or private persons or entities: 

### Provided, That lands acquired under this section shall not be inconsistent with a local comprehensive plan approved prior to January. 1, 

### 1976: Andprovidedfurther, That no lands acquired under this section shall be subject to land use regulation by

a local government. (2) The department may establish an appropriate fee schedule for use of such disposal facilities to offset the cost ofadministration ofthis chapter and the cost ofde­ velopment, operation, maintenance, and perpetual man­ agement of the disposal site. If operated by a private 

# c·

entity, the disposal fee may be such as to provide a rea­ sonable profit. [1975-'76 2nd ex.s. c 101 § 4.]

RCW 70.105.050 Disposal at other than approved site prohibited-,-Exception. No person shall dispose of designated extremely hazardous wastes at any disposal' site in the state other than the disposal site established and approved for such purpose under provisions of this chapter, except when such wastes are going to a processing facility which will result in the waste being reclaimed, treated, detoxified, neutralized, or otherwise, processed to remove its harmful properties or characteristics. [1975-'76 2nd ex.s. c 101 § 5.]

RCW 70.105.060

, Review of'ruies, regulations, criteria and fee schedules. All rules, regulations, criteria, and fee schedules adopted by the department to implement the provisions of this chapter shall be reviewed by the solid waste advisory committee for the purpose of recommending revisions, additions, or modifications thereto

as provided for the revIew ofsolidwaste regulations and standards pursuant to chapter 70.95 RCW. [1975-'76 2nd ex.s. c 101 § 6.]
,

RCW 70.105.070 Criteriafor receiving.waste at disposal site. The department may elect to receive dangerous waste at the site provided,under this chapter, provided (i) it is upon request ofthe owner, producer, or person having custody ofthe waste, and (2) upo,n the payment ofa 'fee to cover disposal

. (3) it can be reasonably demonstrated that there is no other disposal sites in the state that will handle such dangerous w.aste, and ' (4) the site is designed to handle such a request orcan be modified to the extent,necessary ,to adequately dispose ofthe waste, or (5) ifa demonstrable emergency and potential threat
to the public health and safety exists. [1975-'76 2nd

ex.s. c 101 § 7.]

RCW 70.105.080 Violations--Civil penalties-­ Enforcement--Procedure. (1) Every person who fails
to comply with any provision of this chapter or of the rules adopted thereunder shall be subjected to

## apenalty in an amount ofnot more than ten thousand dollars per day for eve'ry such violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every'day's continuance shall be a separate and distinct violation. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated the provisions of this section and shall be, subject to the penalty herein provided. (2) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to



### lCh. 70.105 RCW-p 1) (1984**~w~)",** .Hazardous Waste Disposal 

### 70.105.100 

# • .the person incurring the sa'me from the department, describing the violation with.reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department for the'remission or mitigation of such penalty. Upon receipt of the application, the department may remit or mitigate tne pelJalty upon whatever terms the department in its discretion deems proper, giving consideration to thedegree ofhazard associated with the violation, provided thedepartment deems such**r~mission** or' mitigation to be in the best interests of carrying out the purposes ofthis chapter. The department ofecology shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper. Ariy penalty imposed by the provisions of this section shall be subject to review by the pollution .control hearings board in accord-.

ance with chapter43.218 RCW.



# • (3) Any penalty imposed by this section shall become due and payable thirty days after receipt of.a notice imposing the sameunless application for remission or mitigation is made or petition for review by the hearings board is filed. When such an application for remission or mitigation is made, any penalty incurred pursuanttothis section shall become**du~** and payable thirty days after receipt ofnotice setting forth the disposition ofsuch application. Any penalty resulting from a decision of the hearings board shall become dueand payable thirtydays after receipt ofthe notice setting forth the decision

. (4) 

### If the amount of any penalty is not paid to the department of ecology within thirty days after it becomes due and payable, the attorney general, upon the request ofthe director, shall bring an.action in the name of the state of Washington in the superior court of Thurston county, orofanycountyin which such violator may' db business, to recover such penalty. In all such(actions, the procedure and rules of evidence shall be the

same as an ordinary civil.action except as otherwise in this chapter provided. [1983 c 172 § 2; 1975-:-'76 2nd

ex.s. c 101 § 8.]

Severability--.1983c 172: See note following RCW 70.105.097.

RCW 

### 70.105.090 Yiolations-Gross misdemeanor. In addition to the.penalties imposed pursuant to RCW 70.·105.080, any person who'violates any provisions of this chapter, or of the rules implementing this chapter, .and any person who knowingly aids or abets another in conducting any violation ofany provisions of this**c~apter,** or of the rules implementing this chapter,



# • .shall be guilty ofa gross misdemeanor and upon conviction thereofshall be punished by a fine ofnot less than

one hundred dollars nor more than ten thousand dollars, and/or by imprisonment in the countyjail for not more than one year, for each separate violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct offense

.

1984 c 237 § 1; 1.983 c 172 § 3; 1975-'76 2nd ex.s. c**~101§9.].** Severability--1983c 172: See note following RCW 70.105.097. RCW 

### 70.105.095 Issuance of order requiring com­

.pliance--Penalty for noncompliance--Hearing-­ Appeal to**~lIution** control hearingsboard. (1) Whenever

on the basis on any information the department determines that a person has violated or is about to violate any provisionof this chapter, the department may .issue

an order requiring compliance either immediately or within a specified period of time. The order shall.be delivered.by registered'mail or personally to the person against whom the order is directed

.

. (2) Any person who fails to take corrective action as specified in a compliance order shall be liable for a civil penaltyof not more than ten thousanddollars for each day of continued noncompliance. In addition, the department may suspend or revoke any permits and/or certificates issued under the provisions ofthis chapter to

a person who fails to comply with an order directed against him. (3) Any order shall become final unless, no later than thirty days after the order is served, the person or persons named in the order request a public hearing. The request shall be delivered either by registered mail or personally to the department. Upon receiving a request for a hearing, the departmentshall promptly conduct a public hearing to consider testimony and new information regarding the order. The department may, at its discretion, either modify the order or maintain it unchanged. The order shall become effective immediately after the department reaches a final decision, unless th"e department modifies the order to specify another compliance date. (4) Any person directly affected by a compliance order or by any decision of the department regarding a complianceorder may appeal theorderordecision to the pollution control 'hearings board in accordance with chapter 43.218 RCW. [1983 c 172 § 4.]

Severability--1983c 172: See notefollowing RCW 70.105.097.

RCW 

### 70.105.097 Action for damages resulting from violation-Attorneys' fees. A person injured asa result ofa violation ofthis chapter or the rules adopted thereunder may bring an action in superior court for the recovery of the damag<:(s. A conviction orimposition of a penalty under this chapter is not a prerequisite to an action under this section. The court may award reasonable attorneys' fees to a prevailing injured party in an action under this section. [1983 c 172 § 1.]

Severability--1983 c 172: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 172 § 5.]

RCW 

### 70.105.100 Powers and duties of department.

.The department in performing its duties under this

chapter may: (1) Conduct studies and coordinate research programs pertaining to extremely hazardous waste management; (2) Render technical assistance to generators ofdangerous and extremely hazardous wastes and to state and

'(1984 Laws) [Ch. 70.105 RCW-p3)

# ~.~;;d;~i;klt~;ttf~.\:&.~~

# ••· ..

### 70.105.100 HazardousWaste Disposal.

IC?cal agencies in the planning and operation of hazardous waste programs; (3) Encourage and provide technical assistance ,to waste generators to form and operate a "waste exchange" for the purpose of finding.users for dangerous and extremely hazardous wastes that would otherwisebe disposed of: Provided,. That 'such technical assistance shall not**violat~** the confidentiality· of manufacturing
processes; and

, (4) Provide for appropriate**surv~illance** and monitoring of extremely hazardous waste disposal practices in the state. [1975-'76 2nd ex.s. c 101 § 10.]­



### ,\ RCW 70.105.110 Application ofchapter to radioactive waste--Regulationofdangerous wastes associated with'energy facilities. (1) With the exceptjon ofsubsection (2), nothing in this chapter shall apply to any radioactive wasteor radioactive material.

. (2) Nothing in this chapter shall alter,.amend, or**su~** persede the provisions of**chap~er** 80.50 RCW, except that, notwithstanding any provision of chapter 80.50 RCW, regulation of dangerous wastes associated with
energy facilities from generation to disposal shall be solely by the department pursuant to chapter 70.105 RCW. In the implementation of said section, ·the de-' partment shall consult and cooperate with the energy -facility site evaluation council and, in order to reduce duplication of effort and to provide necessary coordina­

.tionof monitoring and on-site**inspec~ion** programs at energy facility sites, anyon-site inspection by the department that may, be required for the purposes of this chapter shall be performed pursuant to an interagency coordination agreement with the council. (3) To facilitate the implementation of this chapter, the energy facility site evaluation council may require certificate holders to remove from their energy facility sites any dangerous wastes, controlled by this chapter, within ninety days of their generation. [1984 c 237 

### § 3; 1975-'76 2nd ex.s. c 101 § 11.]



### RCW 70.105.120 Authority of attorney general. At the request of the department

.. the attorney general is authorized to bring.such injunctive, declaratory,'or other actions to enforceanyrequirementofthischapter. [1980

c 144 § 2:] '-



### RCW 70.105.130 Department'spowers asdesignated agency under federal act. (1)'The department is designated as the state agency for implementing.the federal

resource conservation and recovery act (42 U.S.C. Sec. 6901 et seq.). (2) The power granted to the department by this section is the authority to:

.(a) Establish a permit system for owners.or operators of facilities,which:r'freat, store, or dispose of dangerous wastes:' Provided, That spent containers of pesticides or herbicides.which have been used in normal farm operations and which are not extremely hazardous wastes, shall not be subject to the permit system; (b) Establish standards for the safe transport, treatment, storage, and disposal ofdangerous wastes as may

..



### .**(~ 7o.~05** **R~~** 4)',

..' be necessary to protect human health and the environment; 

# o
(c) Establish, to implement this section: (i) A manifest system to track dangerous wastes; (ii) Reporting, monitoring, recordkeeping, labeling,' sampling requirements; and (iii) Owner, operator, and transporter responsibility; (d) Enter at reasona,ble times establishments regu-. lated under this section for the purposes of inspection, monitoring, and sampling; and (e) Adopt rules necessary to implement this section. [1980c 144 § 1.]



### RCW 70.105.140 Rules implemented under RCW**70.105.13~Review.** Rules implementing RCW 70­ ,105.130 shall be submitted to the house and senate committees on ecology for review prior to being adopted in accordance with chapter 34.04 RCW. [1980 c 144 § 3.]

.



### RCW 70.105.145 Department's authority to partiCipate in and administer federal act. Notwithstanding any other provision ofchapter 70.105 RCW, the department of ecology is' empowered to participate fully in and is empowered to administer all aspects of the programs of the federal Resource Conservation and Recovery Act, as it existson'June-1; 1984, (42 U.S.C. Sec. 6901 et seq.), contemplated Tor partiCipation and administration by a state underthat act. 

### [i984 c 237 

### § 2; 1983 c 270 

### § 2.]

Severability--1983c 270:. See note following RCW 90.48.260.



### RCW 70.105.150**Deciaratio~Management** 

### of hazardous waste--Priorities-Definitions. The legislature herebydeclares that: (1) The heahh and welfare of the people ofthe state depend on clean and pure environmental resources unaffected by hazardous waste contamination. Management and regulation of hazardous waste disposal should encourage practices which result in the least amount of
waste being produced. Towards that end, the legislature finds that the following priorities in the management of hazardous waste are necessary and should be followed in order ofdescending priority as applicable: (a) Waste reduction; (b) Waste'recycling; (c) Physical, chemical, and biological treatment; (d) Incineration; (e) Solidification/stabilization**tr~eatment;**

.(f) Landfill.

(2) As used in this s'ection: (a) "Waste reduction" means reducing waste so that hazardous byproducts are not produced; (b) "Waste recycling" means reusing waste materials and extractingvaluable materials from a waste stream; (c) "'Physical, chemical, and biological treatment"

means processing the waste to render it completely innocuous, produce a recyclable byproduct, reduce toxicity, or substantially reduce the volume of material requiring disposal;

. (1984 Laws)

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# ,:

..**(.~ ···''-~",'''~';':;i..,~,.:~,o.:.,.:c.::''';;.<j::!:.** 

### Hazardous Waste Disposal 70.105.180 

# • (d) "Incineration" means reducing the volume or toxicity of wastes by use of an enclosed device using con- " troJled flame combustion; " (e) "Solidification/stabilization treatment" means the

use of encapsulation'techniques to solidify wastes and make them less permeable or leachable; and

. (f) n

### Landfilln 

### ineans a disposal facility, or par"t"of a facility, atwhich wasteis placedinoron land and which' is not a land"treatmentfacility, surface impoundment, or injection well. [1983 1st ex.s. c 70 § 1.]

RCW 70.105.160 Waste management study-­ Public hearings-"-Adoption or modification of**rul~Recommendations** 

### to legislature. The department shall conduct a" study to determine the best management practices for"categories ofwaste for the priority"
waste management methods established in RCW 70­ .105.150, with due consideration in the course of the studyto sound environmental management and available technology. As an element ofthe**stu~y,** 

### the department shall review methods that will help achieve the priority ofRCW 70.105.150(1)(a), waste reduction. Before issuing any proposed regulations", thedepartment shall conduct public hearings regarding the best management practices for the various waste**categorie~** 

### studied by the department. After conducting the study,' the department J' 

### shall prepare new rules or modify existing rules as ap­

"propriate to promote implementation ofthe priorities es­ ,,/""':'"":", tablished in RCW 70.105.150 for management practices " ." which assure u"se of sound environmental. management'

• "'techniques and available technology. The preliminary study shall be completed by July 1, 1986, and "the rules shall be adopted by July 1, 1987. The solid waste advi­ "sory committee shall review"the studies and the new or modified rules and submit recommendations to the legislature by January 

### 1, 1988, regarding policy options (such "as fee incentives; disposal bans, etc.) that will be used to reduce the production of dangerous and ex'" tremely hazardous waste in Washington state.

The studies shall be updated at least once every five years. The funding for these studies shall be from the hazardous waste,control and elimination account, subject to legislative appropriation. [1984 c 254 § 2;1983 1

### st ex.s. c 

### 70 § 2.]

Severability--1984

### C254: "Ifany provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ofthe provision to other persons or circumstances is not affected." [1984c 254 § 3,]



# • RCW70.105.165 Disposal of dangerous"wastes at commercial off-site land disposal facilities--Limitations. (l) 

### Independent of the processing or issuance qf any or all federal, state, and local permits for disposal of dangerous wastes, no disposal of dangerous w'astes at a commercial off-site land disposal facility may be undertaken prior to July I, 1986, unless: ' (a) The disposal results from actions taken under RCW 70.I05A.060 (2) and (3), or results from other**~mergency** 

### situations;or

(b) Studies**undertak~n** 

### by the department under "RCW 70.105.160 to determine the best management practices for various waste categories under the priority
waste management methods established in" RCW 70­ .105.150 are completed for the particular wastes or waste categories to be disposed of and any regulatory revisions deemed necessary by the department are pro­ posed and do not prohibit land disposal of such wastes;

or (c) Final regulations have been adopted by the de- ' partment that allow"for such disposal. (2) Construction of facilities used solely for the pur­ pose ofdisposal ofwastes that have not met the require­
ments of subsection (1) of this section shall not be undertaken by any developer of a dangerous waste disposal facility., " (3) The qepartment shall prioritize the studies of
waste categories undertaken under RCW 70.105.160 to provide initial consideration of**~hose** 

### categories most likely to be 

### suitable for land disposal. Any regulatory changes deemed necessary by the department shall be proposed and subjected to the rule-making process by, category as the study of each waste category is completed. All of the study shall be completed, and implementing regulations proposed, by July 1, 1986. (4) Any final permit issued by the department before the adoption of rules promulgated as a resul't of the study conducted under RCW 70.1**05.160~shall.** be 

### modified as necessary to be consistent with such rules. [1984

c 254 

### § 1.]

Seve.rability--1984c 2s4:"See note following RCW**70.I05.160~**


### RCW 70.105.170 Waste management--Consultatil'e services--Technical

### assistanc~onfidentiality. Consistent with the purposes of RCW 70.105.150 and 70.105.160, the department is authorized topromote the priority waste management methods listed**i~** 

### RCW 70.105.150 by establishing or assisting in the establish­ 'ment of: (1) 

### Consultative services which, in conjunction with any business or industry requesting such service, study and recommend alternative waste management practices; and (2) technical assistance, such as a tollfree telephone service, to persons interested in waste management alternatives. Any person"receiving such service or assistance may, in accordance with state law, requestconfidential treatment ofinformation about their manufacturingorbusiness practices. [1983 1st ex.s. c 70 § 

### 3.]

"RCW 70.105.180 Disposition of fines and penalties. All fines and penalties collected under this chapter shaJI

, be deposited in the" hazardous waste control and elimination account, which is hereby created in the state general fund. Moneys in the account collected from fines and penalties shall be expended exclusively by the department ofecology for the purposes of*this act, subject
to legislative appropriation. Other sources of funds.deposited in this account may also be used for the purposes of *this act. [1983 1st ex.s. c 70 § 4.]

·Reviser's note: "This act" [1983 1st ex.s. c 70] consists of RCW 70.105.150.70.105.160.70.105.170. and 70."105.180.

, (1984'Laws) [eb. 70.105 RCW-:-pS]

# •

.Chapter 70.105 RCW 

# HA·ZARDOUS WASTE DISPOSAL

Sections 70.105.010 Definitions. 70.105.020 Standardsand reguJations--Adoption--Noticeand hearing--Consultationwith other agencies. 70.105.030 List and information to be furnished by depositor of hazardous waste-Rulesand regulations. 70.105.040 Disposal site or facility--Acquisition--Disposal fee schedule. 70.105.050 Disposalat other than approved siteprohibited-- Exception. 70.105.060 Review ofrules, regulations, criteria and fee schedules. 70.105.070 Criteria for receiving waste atdisposal site. 70.105.080 Violations--Civilpenalties--Enforcement-- Procedure. 70.105.090 Violations-Grossmisdemeanor. 70.105.095 Issuanceoforderrequiring compliance--Penaltyfor noncompliance-Hearing--Appealto pollution control hearings board. 70.105.097 Action for damages resulting from violation--Attorneys' fees.

. 70.105.100 Powers and duties ofdepartment. 70.105.110 Exceptions-Otheracts not affected. 70.105.120 Authorityofattorney general. 70.105.130 Department'spowers asdesignated agency under federal act.

. 70.105.140

.Rules implemented underRCW 70.105.13Q--Review. 70.105.145 Department's authority to participatein and administer federal act. 70.105.150 Declaration--Managementofhazardous waste-.

­ Priorities--Definitions. 70.105.160 Wastemanagement study--Adoptionor modification ofrules--Recommendationsto legislature. 70.105.170 Waste management--Consultativeservices-­ Technical assistance--Confidentiality. 70.105.180 Disposition offines and penalties.
Hazardous materials incidents, handling and liability: RCW 70.136­

.010through 70.136.070. Hazardouswaste regulation: Chapter70.105A RCW. Transport ofhazardous materials, state patrol authority over: Chapter

46.48 RCW.

RCW 

### 70.105.010 Definitions. The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearlyrequires otherwise. (1) "Department" means thedepartment ofecology. (2) "Director" means the director of the department ofecology orhis designee. (3) "Disposal site" means a geographical site in or upon which extremely hazardous wastes are disposed of in accordance with the provisions ofthischapter. (4) ."Dispose or disposal" means the discarding or abandoning ofextremely hazardous wastes or the treatment, decontamination, or recycling ofsuch wastes once they have been discarded or abandoned. (5) "Dangerous wastes" means any discarded, useless, unwanted, or abandoned nonradioactive substances, including but not limited to certain pesticides, or any residues orcontainersofsuch substances which aredisposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health,

(1983 Laws) wildlife, or the environment because such wastes or constituents orcombinations ofsuch wastes: (a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic,

orcarcinogenic properties; or (b) Are corrosive, explosive, flammable, or may generatepressure through decomposition or other means. (6) "Extremely hazardous waste" means any dangerous waste which (a) will persist in a hazardous form for several years

or more at a disposal site and which in its persistent form (i) presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of man or wildlife, and (ii) is highly toxic to man or wildlife (b) ifdisposed ofat a disposal site in'such quantities

as would present an extreme hazard to man or the environment. (7) "Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other.entity whatsoever. (8) "Pesticide" shall have the meaning ofthe term as defined in RCW 

### 15.58.030 as now or hereafter amended. (9) "Solid waste advisory committee" means the same advisory committee as per RCW 

### 70.95.040 through 

### 70­ .95.070. [1975-'76 2nd ex.s. c 

### 101 § 1.]

Appropriation---1975-'76 2nd ex.s. c 101 § 12: "There is appropriated to the department ofecology from the stateand local improvements revolving account ofthe general fund out ofthe proceeds ofthe sale ofbonds or notes as authorized in chapter 43.83A RCW (Referendum 26) the sum ofone million three hundred fifty-three thousand dollars, or as much thereof as may be necessary, for the following purposes:

(1) The sum ofone hundred fifty-three thousand dollars for the department to develop a comprehensive plan for the adequate treatment of extremely hazardous wastes being generated in the state, and the techniques and requirements necessary for adequately disposing ,of such wastes and for securing and monitoring disposal sites. The objective ofsuch a comprehensive plan shall be to determine the statewide facility requirements for the adequate'disposal ofextremely hazardous
wastes being generated in the stateand for those expected to be generated in the future.

(2) The sum of one million two hundred thousand dollars for the purchase of real property on the Hanford Reservation by the department for the construction of a disposal site for extremely hazardous wastes and for the construction offacilities necessary for theoperatiQn ofthe disposal site including, but not limited to, security and monitoring facilities." [1975-'76 2nd ex.s. c 101 § 12.]

RCW 

### 70.105.020 Standards and regulations-.­ Adoption-Notice and hearing---Consultation with other agencies. The department after notice and public hearing shall:

.



### leb. 70.105 RCW-p 1]

### 70.105.020 HazardousWaste Disposal

, (1). Adopt regulations designating as**e~tremely** haz­ 'atdous waste's subject to the provisions of this chapier those substances whiCh exhibit characteristics consistent with'thedefinition provided in RCW 

### 70.105.0'10(6);

(2) Adopt and may revise when appropriate, mini

### nlUin standards and regulations,for disposal ofextremely ha2;ardous wastes to protect**a:g~irist** hazards to the pub

### Ife, 'and,to the enviro'nmerit. Before adoption of such standards and regulations, the department shall consult with appropriate agencies of interested loca:I govern**m~ntS** and secure technical assistance from t'he departinent ofagriculture, the department ofsocial and health services,

.the depa.rtment of game, the department of**n~iural** resources, the department of fislieiies, the dep;aftment ofiabor and industries, and the state fire marshaL 

### [1975-'76 2nd ex.s. c 

### 101 § 2.] 

## itt", 70.105.030 List and information 

## to be fur### fiish~d' by 'depositor of 

### Iulza

..dous waste-Rules and 

### reguhiti9DS. (1) After the effective date of the regulations adopted'by the department designating extremely hazardous wastes, any person planning to dispose ofextremely hazardous waste as designated by the departili:ent shall provide the**op~rator** ofthe disposal sit,e with

a list setting forth the extremely hazardous**w~stes** for disposal, the amount of stich waste's, the general chemical and mineral composition of such Waste listed by**~p** proximate maximum and minimum percentages, and the origin of any such waste. Such list, when appropriate,

,shall includeinformationon antidotes, first aid, or safety

measures to be taken in case of accidental contact with the partic'ularextremelyhazardous**wa~te** beingdisposed.

, (2) The department shall adopt and enforce all rules and regulations including the form and content of the list, necessary and appropriate to accomplish the**p~r** poses of subsection (1) of this section. 

### [1975-'76 2nd

ex.s. c 

### 101 

### § 3.]



## ,ReW 70.105.040 Disposal site or Jacility-.,-.,;\cqtiisitio'n-Disposal fee**schedule~** (1) The department through the department of genera.l administration, is authorized to acquire interests in real property from the federal government on the Hariford Reservation by gift, purchase, lease, or other means; to be used for the purpose of developing, operating, and maintaining an extremely hazardous waste disposal §ite or facility by the department, either directly or by agreement with public

or ,private,**per~ons** or entities: Provided, That lands acquired under this section shall not be inconsistent with a local comprehensive plari approved prior, to January 1, 1976: Andprovidedfurth'er, That no lands acquired underthis section shall be subject to land use regulation by

a local government. (2) The department may establish ary appropriate fee schedule for use of such disposal facilities to offset the
cost ofadministration ofthis chapter and the cost ofdevelopment, operation, maintenance, and perpetual management of the disposal site. 

### If operated by a private entity, the disposal fee may be such as to provide a reasonable profit. 

### [1975-'76 2nd ex.s. c 

### 101 

### § 4.]

lCh. 70.105 RCW-p2]**RC~ 70.1()5.05~**  

### Dispo'sal 

### at other than approved site probibited--Exception. No person shall dispose of

# C~I designated extremely hazardous wastes at any disposal site in the state other than the disposal site established and approved

..for such purpose under provisio'ns of this chapter, except when such wastes are going to a pro­ cessing.facility which 

### will result in the waste being re­ claimed, treated, detoxified, neutralized. or otherwise processed·to remove its harmful properties or character­ istics. 

### [1975-'76 2nd ex.s. c 

### 101 

### § 5.]



### HCW**70.10~~060** 

### Review of

### rules,**reg~lations,** 

### criteria and**f~e** 

### schedules. All rules, regulations, criteria, and fee schedules adopted by the department to implement the provisions of,this chapter shall be reviewed by the solid waste advisory committee for the purpose of recommending revisions, additions;or modifications thereto

as provided for thereview ofsolid waste regulations'and standards pursuant to chapter 

### 70.95 RCW. 

### [1975-'76 2nd ex.s. c 

### 101 

### § 6.]



### RCW 70.105.070 Criteriafor receiving waste 

### a(disposaU,site. The department may elect to receive dangerous waste at the site provided under this chapter, provided 

### (l) it is upon request of the owner, producer, or person having custody ofthe waste, and (2) upon the payment ofa fee to cover disposal

. (3) it can bereasonably demonstrated that there is no other disposal sites in the state that will handle such dangerous waste, and (4) the siteis designedto handle such a request orcan be modified to the extent necessary to adequately dispose ofthe waste, or (5) if a demonstrable emergency and potential threat
to the public health and safety exists. 

### [1975-'76 2rid

ex.s. c 

### 101 § 

### 7.]

RCW 

### 70.105.080 Violations--Civil Penalties-­ Enforcement-,.-;-Procedure. (1) Every person who fails
to comply with any provision of this chapter or of the rules adopted thereunder shall be subjected to a penalty in**a~** amount of**~ot** more than ten thousand dollars per day for every such violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct violation. Every person who, through an act of commission or omission, procures, aids, or abets in theviolation shall be considered to have violated the provisions of this section and shall be subjeCt to the penalty he'rein provided. (2) The penalty provided for in this section shall be imposed by a 'notice in writing, either by certified mail**~ith** return receipt requested or bY'personal service, to the person incurring the same from the department, desc'ribing the violation with reasonable particularity. Within fifteen 'days after the notice is received, the person incurring the penalty may apply in writing to the department for the remission or mitigation of such penalty. Upon receipt of the application, the department may remit or mitigate the penalty upon whatever terms

(1983 Laws) 

# c

### HazardousWaste Disposal 70.105.100

the department in its discretion deems proper, giving consideration to thedegree ofhazard associated with the violation, provided the department deems such remission

or mitigation to be in the best interests of carrying out the purposes ofthis chapter. The department ofecology shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper. Any penalty imposed by the provisions of this section shall be subject to review by the pollution control hearings board in accordance with chapter43.21B RCW. (3) Any penalty imposed by this section shall become due and payable thirty days after receipt ofa notice imposing the same unless application for remission or mitigation is made or petition for review by the hearings board is filed. When such an application for remission or mitigation is made, anypenaltyincurredpursuantto this section shall become due and payable thirty days after receipt ofnotice setting forth the disposition ofsuch application. Any penalty resulting from a decision of the hearings board shall become dueand payable thirtydays afterreceipt ofthe notice setting forth the decision. (4) If the amount of any penalty is not paid to the

.department of ecology within thirty days after it be­ 'comes due and payable, the attorney general, upon the request ofthedirector, shall bring an action in the name of the state of Washington in the superior court of Thurstoncounty, orofanycountyin which suchviolator may do business, to recover such penalty. In all such actions, the procedure and rules of evidence shall be the

same as an ordinary·civil action except as otherwise in this chapter provided. [1983 c 172 § 2; 1975-'76 2nd

ex.s. c 101 §**8~]**

. Severability-1983c 172: Seenote following RCW 70.105.097.



### RCW 70.105.090 Violations--Gross misdemeanor. In addition to thepenalties imposed pursuantto RCW 70.105.080, any person who violates any provisions of this chapter, or of the rules implementing this chapter, and any person who knowingly aids or abets another in conducting any violation ofany provisions of this chapter, o'r of**th~** rules implementing this chapter, shall be guilty ofa gross misdemeanor and upon conviction thereofshall be punished by a fine of not less than

one hundred dollars nor more than ten thousand dollars, and/or by imprisonment in the countyjail for not more than one year, for each separate violation. Each and every such violation shall be a separate and distinct offense. [1983 c 172 § 3; 1975-'76 2nd ex.s. c 101 § 9.]

Severability-1983c 172: See note following RCW 70.105.097.



# • RCW 70.105.095 Issuance of order requiring compliance--Penalty for noncompliance--Hearing-­ Appeal to pollution control hearings board. (1) Whenever

on the basis on any information the department determines that a person has violated or is about to violate any provision ofthis chapter, the department may issue

an order requiring compliance either immediately or within a specified period of time. The order shall be

(1983 Laws) delivered by registered mail or personally to the person against whom the order is directed. (2) Any person who fails to take corrective action as specified in a compliance order shall be liable for a civil penalty of not more than ten thousand dollars for each day of continued noncompliance. In addition, the de.' partment may suspend or revoke any permits and/or certificates issued under the provisions ofthis chapter to

a person who fails to comply with an order directed against him. (3) Any order shall become final unless; no later than thirty days after the order is served, the person or persons named in the order request a public hearing. The request shall be delivered either by registered mail or personally to the department. Upon receiving a request for a hearing, the department shall promptly conduct a public hearing to consider testimony and new information regarding the order. The department may, at its discretion, either modify the order or maintain it unchanged. The order shall become effective immediately after the department reaches a final decision, unless the department modifies the order to specify another compliance date

. (4) Any person directly affected by a compliance order or by any decision of the department regarding'a complianceordermayappeal theorderordecision tothe pollution control hearings board in accordance with chapter 43.21BRCW. [1983 c 172 § 4.]

Severability-.1983c 172: See note following RCW 70.105.097,

.... 

### RCW 70.105.097 Action for damages resulting from violation--Attorneys'fees. A personinjured as a result ofa violation ofthis chapter or the rules adopted thereunder may bring an action in superior court for the recovery of the damages. A conviction or imposition of a penalty under this chapter is not a prerequisiteto an action under this section.

The court may award reasonable attorneys' fees to' a prevailing injured party in an action under this section. [1983c172§1.]

.

Severability-1983 c 172: "If any provision ofthis act or its application to any person or circumstance is held invalid,.the remainder of the act or the application of the provision to other persons or cir, cumstances is not affected." [1983 c 172 § 5.]



### RCW 70.105.100 Powers and duties of department. The department in performing its duties under this chapter may:

. (1) Conductstudies and coordinate research programs pertaining to extremely hazardous waste management; (2) Render technical assistance to generators ofdangerous and extremely hazardous wastes and to state and local agencies in the planning and operation of hazar.dous waste programs;

. (3) Encourage and provide technical assistance to waste generators to form and operate a "waste 

# exchange" for the purpose of finding users for dangerous and extremelyhazardous wastes thatwould otherwise be disposed of: 

### Provided, That such technical assistance shall not violate the confidentiality of manufacturing processes; and

.

(Cb. 70.105 RCW-p3]

### 70.H)5.100 Hazardous Waste Disposal

(4) Provide for ap'propriate surveillance and**moriitor~** iog,'of extremely hazardouswaste-disposal practices in the'state. [1975-'76 2nd ex.s. clOl § 10.] 

### RCW 70.105.il0 Exceptions-other acts not affected; (l) Nothing in this chapter shall apply to any radioactive waste or radioactive materiaL (2) Nothing in this chapter shall alter, amend, or supersede the provisions ofchapter 80.50 RCW, as now existing or

- hereafter amended, or grant**t~** the department or to the solid waste advisory,committee any authority regardiilg the regulation, certification, construction, or siting of thermal power plants, as defined'iri such acts.' [1975:""'76 2nd ex.s. c 101 

### § 11.]



# ,,-.lew'70.105.120'

.Authority' of attorney general. At the request of the department, the attorney general is authorized to bringsuch injunctive, declaratory;orother actions to enforce any requirementofthis chapter. [1980 

## c: t"4'4§, 2.]

, RCW 

### 70.105.130 Department'spowers asdesignated agency under federal act. (1) The department is designated as the state agency for implementing the federal

resource conservation and recovery act (42 U.S.C. Sec. 6'901 et seq.).

. . (2) The power granted to the department by thiS s,ection is the authority to:

}(a) Establish a permit system for owners or operators offacilities which treat, store, or dispose of dangerous
wastes: 

### Provided, That spentcontainers of pesticides or herbicides whiCh have been used in normal farm operations and which are ,not extremely hazardous wastes, shall not be subjectto the permit syste-rn; (b) Establish standards for the safe transp?rt" treat;. ment, storage, and disposal ofdangerous wastes as may be necessary to protect human health and, the 'environment;

, ,

'(c) Establish, to implement this section:, '

.(i) A manifest system to,track**dangerou~ ~astes;**  _. (ii) Reporting, monitoring, recordkeepmg" labehl1g, sampling requirements; and'

, , . .,

,(iii) Owner, operator, andtransporter r.esponslblhty;

(d) Enter'at reasonable times**estabhshm~nts** re.gulated under this section for the purposes of mspectlOn, monitoring, and sampling; and

. (e) Adopt rules necessary to implement this section. t1980c 144' § 1.]



### RCW 70.105.140' Rules implemented under RCW**70.105.13~Review.** Rules implementing RCW 70­ .105.130 shall be submitted to the house and senate committees on ecologyfor review prior to being adopted in accordance with chapter 34.04 RCW. [1980 c 144 § 3.]



### RCW '70.105.145

. Department's au'thorityto participate in and administer**feder~l** 

### .act. The**~epartm~nt** of ecology is empowered to partiCipate fully m and IS empowered to administer all programs of the**,~cder.al** Resource Conservation and Recovery Act, as It eXists on

lCb. 70.105 RCW-p41 July 24; 1983, (42 U.S.C. Sec. 6901 et seq;), contemplated for participation and administration by a state under that act. [1983 c 270 § 2.]

­**Severab~lity-1983** c 270: See note following RCW 90.48.260.



### RCW 70.1'05.150 Declaration---Management of hazardous waste---Priorities--Definitions. The legislature hereby declares that: (1) The health and welfare ofthe people of the state depend on clean and pureenvironmental resources unaffected by hazardous waste contamination. Management and regulation of hazardous waste disposal should encourage practices whiCh re'sult in the least**am~unt** of waste being produced. Towards that end, the legislature finds that the following priorities in the management of hazardous'waste arenecessary and should be followed in order ofdescending priority as applicable: (a) Wastereduction; (b) Wasterecycling;

, (c) Physical, chemical, and biological treatment; (d) Incineration; (e) Solidification/stabilizationtreatment; (f) Landfill. (2) As used in this section: (a) "Waste reduction" means reducing waste so that hazardous byproducts are not**produc~d;** . (b) "Waste recycling" means reusmg waste matenals and extractingvaluable materials from a waste stream; (c) "Physical, chemical, and biological**treatme~t"** means processing the waste,to render it completely 1.nnocuous, produce a recyclable byproduct, reduce**tox~c** ity, or substantially reduce the volume of materIal requiring disposal; (d) "Incineration" means reducing the**~olum~** or toxicity of wastes by use of an enclosed deVice usmg controlled flame combustion; (e) "Solidification/stabilization treatment" means the

use of encapsulation techniques to solidify wastes and make themless permeable orleachable; and (f) "Landfill" means a disposal facility, or part**o~** a facility, atwhich wasteis placedin or on land and which is not a land treatmentfacility, surface impoundment, or injection well. [1983 1st ex.s. c 70 § 1.]**l~CW** 

### 70.105.160 Waste management study--­**Ad~ption** 

### or modification of rules--Recommendations to legislature. The department shall c?nduct a study.to determine the best management practices for categones ofwaste for the'priority waste management**~etho?s e~­**  tablished in RCW 70.105.150, with due conSideration m the course ofthe study to s'ound environmental management and avaihible technology. As an element of the study, the department shall review methods that will help achieve the priority of .RCW 70.105.150(1)(a),
waste reduction. After conductmg the study, the department shall prepare new rules or modify existing**r~le.s** ,as appropriate to promote implementation of the pnontles established in RCW 70.105.150 for 'management practices which assure use of sound environmental management techniques and available technology. The preliminary study shall be completed by July 1, 1986,

(1983 Laws) 

# c

### Hazardous Waste Disposal 70.105.180 

# • and therules shall be adopted by July 1, 1987. Thesolid
waste advisory committee shall review the studies and

.the new or modified rules and submit recommendations
to the legislature by January 1, 1988, regarding policy options (such as fee incentives, disposal bans, etc.) that will be used to reduce the production ofdangerous and extremely hazardous waste in Washington state. [1983 1st ex.s. c 70 

### § 2.]



### RCW 70.105.170 Waste management--Consultative services--Technical assistance-Confidentiality. Consistent with the purposes of RCW 70.105.150 and 70.105.160, thedepartment is authorized topromote the priority waste management methods listed in RCW 70.105.150 by establishing or assisting in the establishment of: (1) Consultative services which, in conjunction with any business or industry requesting such service, study and recommend alternative waste management practices; and (2) technical assistance, such as a to11­ free telephone service, to persons interested in waste management alternatives. Any person receiving such service or assistance may, in accordance with state law, requestconfidentialtreatment ofinformation abouttheir manufacturing or business practices. [1983\1st ex.s. c 70 

### . § 3.]



### RCW 70.105.180 Disposition offines and penalties

. 

# • .All fines and penalties collected under this chapter shall be deposited in the hazardous waste control and elimination account, which is hereby created in the stategeneral fund.·Moneys in the account collected from fines and penalties shall be expended exclusively by the departmentofecology for thepurposesof*thisact, subject
to legislative appropriation. Other sources of funds deposited in this account may alsobe used for thepurposes of *this act. [1983 1st ex.s. c 70 

### §4.]

*Reviser;s note: "This actn [1983 1st ex.s. c 70] consists of RCW 70.105.150 through 70.105.180 and an uncodified appropriation section

.



# •

(1983 Laws) ICh."70.105 RCW-p51